No. 15J
British Nationality and New Zealand
Citizenship
[1948
NEW ZEALAND
ANALYSIS
Citizenship by Incorporation of
Title.
1. Short Title and commencement.
Territory
2. Interpretation.
15. Power to specify citizens by
Order in Council on incorPART I
poration of territory.
BRITISH NATIONALITY
3. British nationality by virtue of
Transitional Provisions
citizenship.
4. Continuance of certain Irish 16. British subjects before commencement of Act becoming
citizens as British subjects.
New Zealand citizens.
5. Status of Irish citizens and
17. Persons who have ceased to be
certain British subjects.
British subjects by failure to
make declaration of retention.
PART II
]8. Persons who have ceased to be
NEW ZEALAND CITIZENSHIP
British subjects on loss of
Citizenship by Birth or Descent
nationality by parent.
19. Registration of births occurring
6. Citizenship by birth.
before commencement of Act.
7. Citizenship by descent.
20. Applications for naturalization
Citizenship by Registratwn
pending at commencement of
Act.
8. Registration
of citizens
of
countries mentioned in section
3 (3) or of Ireland, and
female British protected per- Renunciation and DeprivatWn of
sons married to New Zealand
Citizenship
citizens.
21. Renunciation of citizenship for
9. Registration of alien women
reasons of dual citizenship
married to New Zealand
or nationality.
citizens, and of minors.
22. Deprivation of citizenship on
10. Registration
by
0 v e r sea s
naturalization in a foreign
representatives.
country, &c.
11. Effect of registration as a 23. Deprivation of citizenship of
citizen.
registered and naturalized persons in certain events.
Citizenship by N'lI-turalization
24. Deprivation of New Zealand
12. Naturalization of aliens.
citizenship of persons deprived elsewhere.
13. Naturalization of British pro25. Saving of obligations incurred
tected persons.
before loss of citizenship.
14. Oath of allegiance.
]948]
British Nationality and New Zealand
Citizenship
[No. 15
145
32. Offences.
33. Application of Act to Cook
Islands and Western Samoa
and other territories.
Legitimated children.
34. Repeals and savings.
Posthumous children.
Certificate of citizenship in 35. Consequential amendments.
case of doubt.
36. British subjects whose citizenDiscretion of Minister <IT o,er·
ship has not been ascertained
seas representative.
at the commencement of this
Act.
Evidence.
Schedules.
RegulationE.
PART ITI
SUPPLEMENTAL
26.
27.
28.
29.
30.
31.
1948, No. 15
to make Provision as to British Nationality
and as to New Zealand Citizenship.
[6th September, 1948
BE IT ENACTED by the General Assembly of New
Zealand in Parliament assembled, and by the authority
of the same, as fol1mvs:1. (1) This Act may be cited as the British N ationality and Ne\v Zealand Citizenship Act, 1948.
(2) This Act shall come into force on the first
day of January, nineteen hundred and forty-nine.
2. (1) In this Act, unless the context otherwise
requires." Alien ,. means a person who is not a British
subject, a British protected person, or an
Irish citizen:
" Australia" includes the territories of Papua
and the territory of Norfolk Island:
., British protected person" means a New Zealand
protected person: and includes any person
who under any enactment for the time being
in force in any country mentioned in subsection
three of section three of this Act is a British
protected person or a protected person of
that country:
, I Crown service under the New Zealand Government " means the service of the Crown under
the New Zealand Government or under the
Government of any New Zealand mandated
territory or New Zealand trust territory,
whether that service is in any part of His
Majesty's dominions or elsewhere:
AN ACT
Title.
Short Title
and
commencement.
Interpretation.
146
11 & 12 Geo. VI,
c. 56
1943, No. 5
No. 15]
British Nationality and New Zealand
Citizenship
[1948
" Foreign country " means a country other than
the following-New Zealand, a country mentioned in subsection three of section three
of this Act, Ireland, a protectorate, a protected
State, a mandated territory, and a trust
territory:
" Ireland " means the country formerly known as
the Irish Free State, and known in the Irish
language as Eire; and " Irish citizen " has a
corresponding meaning:
" Mandated territory" means a territory administered by the Government of any part of His
Majesty's dominions in accordance with a
mandate from the League of Nations:
" Minister " means the Minister of Internal
Affairs:
, , Naturalized person " means a person who has
(whether before or after the commencement
of this Act) become a British subject or
an Irish citizen by virtue of a certificate
of naturalization or letters of naturalization
granted to him or in which his name was
included; and includes a person naturalized
in New Zealand, as hereinafter defined:
" New Zealand" includes the Cook Islands and
the Tokelau Islands:
" New Zealand consulate" means the office of a
New Zealand overseas representative where a
register of births is kept; or, where there is
no such office, means a United Kingdom
consulate within the meaning of the British
Nationality Act, 1948, of the Parliament of
the United Kingdom:
" New Zealand mandated territory" and" New
Zealand trust territory " mean respectively a
mandated territory and a trust territory
administered by the Government of New
Zealand:
" New Zealand overseas representative" means
an overseas representative within the meaning
of the External Affairs Act, 1943:
]948]
British Nationality and New Zealand
Citizenship
[No. 15
" New Zealand protected person " means a person
who is a member of a class of persons declared
by the Governor-General, by Order in Council
made in relation to any New Zealand trust
territory or New Zealand mandated territory,
to be for the purposes of this Act New
Zealand protected persons by virtue of their
connection with that territory:
" Person naturalized in New Zealand " means,(a) In relation to a person naturalized
after the commencement of this Act, a person
to whom a certificate of naturalization has
been granted under this Act:
(b) In relation to a person naturalized
before the commencement of this Act,(i) A person to whom a certificate of
naturalization or letters of naturalization were granted in New
Zealand; or
(ii) A person whose name was included
in a certificate of naturalization
granted in New Zealand to his
father or mother; or
(iii) A person who by virtue of any enactment in force as part of the law
of New Zealand at any time before
the commencement of this Act was
deemed to be a naturalized British
subject by reason of his residence
with his father or mother:
" Prescribed " means prescribed by regulations
made under this Act:
"Protected State" means a State or territory
which is declared by His Majesty by Order
in Council to be a protected State for the
purposes of the British Nationality Act, 1948;
and includes any State or territory to which
the provisions of that Act are applied by
His Majesty by Order in Council as if it were
a protected State:
147
11 & 12 Geo. VI,
e. 56
148
11 & l~ Geo. VI.
c. 56
26 Geo. V,
c. 2 (U.K.)
Xo. 13J
British Nationality and New Zealand
C itizenshi [J
l1948
" Protectorate" means a State or territory
which is declared by His .Majesty by Order in
Council to be a protectorate for the purposes
of the British Nationality Act, 1948:
" Trust territory" means a territory administered
by the Government of any part of His
Uajesty's dominions under the trusteeship
system of the United Nations.
(2) Subject to the provisions of section tv,-enty-six
of this Act, any reference in this Act to a child shall
be construed as a reference to a legitimate child; and
the expression" father" shall be construed accordingly.
(3) References in this Act to any country mentioned
in subsection three of section three of this A.ct shall
include references to the dependencies of that country.
( 4) Any reference in this Act to India, being a
reference to a state of affairs existing before the
fifteenth day of August, nineteen hundred and
forty~seven, shall be construed as a reference to
British India as defined by section three hundred and
eleven of the Government of India Act, 1935.
(5) For the purposes of this Act, a person born
aboard a registered ship or aircraft, or aboard an
unregistered ship or aircraft of the Government of any
country, shall be deemed to have been born in the
place in which the ship or aircraft was registered or~
as the case may be, in that country.
(6) For the purposes of this Act, a person required
by any Act to obtain a permit to enter New Zealand
shall not be deemed to be or to have been at any
time ordinarily resident in New Zealand if he is not
or was not at that time in possession of a permit
to enter New Zealand under that Act (not being a
temporary permit).
(7) For the purposes of this Act, any person who,
by the law in force immediately before the commencement of this Act, enjoyed the privileges of naturalization
within New Zealand only shall be deemed to have
become immediately before the commencement of this
Act a Bl'itif'h suhjf'ct and a person naturalized in New
Zealand.
1948]
British Nationality and New Zealand
Citizenship
[No. 15
(8) A person shall for the purposes of this Act be
of full age if he has attained the age of twenty-one
years, and of full capacity if he is not of unsound
mind.
(9) For the purposes of this Act a person shall be
deemed not to have attained a given age until the
commencement of the relevant anniversary of the day
of his birth.
(10) Any reference in this Act to any other Act
shall, unless the context otherwise requires, be construed as a reference to that Act as amended by or
under any other enactment.
PART I
BRITISH NATIONALITY
3. (1) Every person who under this Act is a New
Zealand citizen or who under any enactment for the
.
b'
. f orce m
. any country mentlOne
.
d'In subhme
emg m
section three of this section is a citizen of that country
shall, by virtue of that citizenship, have the status of
a British subject.
(2) Any person having the status aforesaid may be
known either as a British suhject or as a Commonwealth citizen; and accordingly in this Act and in any
other enactment or instrument whatsoever, whether
passed or made before or after the commencement of
this Act, the expression "British subject" and the
expression "Commonwealth citizen" shall have the
same meaning.
(3) The following are the countries hereinbefore
referred to-that is to say, the United Kingdom and
Colonies, Canada, Australia, the Union of South Africa,
Newfoundland, India, Pakistan, Southern Rhodesia, and
Ceylon.
4. If by any enactment for the time being in force
in any country mentioned in subsection three of section
three of this Act provision is made for enabling Irish
citizens to claim to remain British subjects, any person
who by virtue of that enactment is a British subject
shall be deemed also to be a British subject by virtue
of this section.
British
n~tionality by
vIrtue of
citizenship.
Continuance of
certain I l'i~h
citizens as
British
subjects.
British Nationality and New Zealand
Citizenship
[1948
150
No. 15]
Status of
Irish cltizens
and certain
British subjects.
5. (1) A British subject or Irish citizen who is
not a New Zealand citizen shall not be guilty of an
offence against the laws of New Zealand or of any part
of New Zealand or of any New Zealand trust territory
by reason of anything done or omitted in any country
mentioned in subsection three of section three of this
Act or in Ireland or in any foreign country unless(a) The act or omission would be an offence if he
were an alien; and
(b) In the case of an act or omission in any country
mentioned in subsection three of section three
of this Act or in Irela,D(i, it would be an
offence if the country in which the act is
done or the omission made were a foreign
country:
Provided that nothing in this subsection shall apply
to the contravention of any provision of the Shipping
and Seamen Act, 1908.
(2) Subject to the provisions of this section, any
law in force in New Zealand or Western Samoa at the
date of the commencement of this Act. whether by
virtue of a rule of law or of an Act of Parliament or
any other enactment or instrument whatsoever, and any
law which by virtue of any Act of Parliament passed
before that date comes into force in New Zealand or
-Western Samoa on or after that date, shall, until
provision to the contrary is made by the authority
having power to alter that la,v-, continue to have effect
in relation to Irish citizens who are not British subjects
in like manner as it has effect in relation to British
subjects.
See Reprint
of Statutes,
Vol. VIII, p. 249
PART II
NEW ZEALAND CITIZENSHIP
Oitizenship by Birth or Descent
Citizenship
hy birth.
6. Subject to the provisions of this section, every
person born in New Zealand after the commencement
of this Act shall be aNew Zealand citizen by birth:
1948]
British Nationality and New Zealand
Citizenship
151
[No. 15
Provided that a person shall not be aNew Zealand
citizen by virtue of this section if at the time of his
birth~
(a) His father possessed such immunity from suit
and legal process as is accorded in New
Zealand to an envoy of a foreign sovereign
Power accredited to His Majesty, and was
not aNew Zealand citizen; or
(b) His father was an enemy alien and the birth
. occurred in a place then under occupation by
the enemy.
7. (1) Subject to the provisions of this section, a
person born after the commencement of this Act shall
be a New Zealand citizen by descent if his father was
a New Zealand citizen at the time of his birth:
Provided that if the father of such a person was a
New Zealand citizen by descent only, that person shall
not be a New Zealand citizen by virtue of this section
unless(a) That person or his father was born in a
protector~te,
protected State, mandated
territory, or trust territory, or any place in
a foreign country where by treaty, capitulation, grant, usage, sufferance, or other lawful
means, His Majesty then had jurisdiction
over British subjects; or
( b) That person's birth having occurred in a place
in a foreign country other than a place
such as is mentioned in the last preceding
paragraph, the birth is registered at a New
Zealand consulate within one year of its
occurrence, or, with the permission of the
Minister, later; or
(c) That person's father was, at the time of his
birth, in Crown service under the New Zealand
Government.
( 2) If the Minister so directs, a birth shall be
deemed for the purposes of this section to have been
registered with his permission, notwithstanding that
his permission was not obtained before the registration.
Citizenshi[~
by descent.
152
Reglbtration
of citizens
of eountries
mentioned in
seetlOn 3 (3) or
of Ireland, and
female British
protected
persons
married to
~ew Zealanil
citizens.
~o.
15J
Bj·itish Nationality and New Zealand
Citizenship
[1948
Citizenship by Registration
8. (1) Subject to the provisions of subsection three
of this section, a citizen of any country mentioned in
subsection three of section three of this Act or an Irish
citizen, being a person of full age and capacity, shall
be entitled, on making application therefor to the
Minister in the prescribed manner, to be registered as
aNew Zealand citizen if he satisfies the Minister
either(a) That he is ordinarily resident in New Zealand
and has been so resident throughout the period
of twelve months, or such shorter period as
the Minister may in the special circumstances
of any particular case accept, immediately
preceding the date of his application; or
(b) That he is in Crown service under the New
Zealand Government.
(2) Subject to the provisions of subsection three of
this section, a woman who is a citizen of any country
mentioned in subsection three of section three of this
Act or an Irish citizen or a British protected person
and who has been married to aNew Zealand citizen
shall be entitled, on making application as aforesaid,
to be registered as a New Zealand citizen, whether
or not she is of full age and capacity.
(3) A person who has renounced, or has been
deprived of, New Zealand citizenship under this Act
shall not be entitled to be rep:istered as a New Zealand
citizen under the foregoing provisions of this section,
but may be so registered with the approval of the
Minister.
(4) The Minister may, in such special circumstances
as he thinks fit, cause to be registered as a New Zealand
citizen any British subject or Irish citizen of full
age and capacity who makes application therefor in
the prescribed manner and satisfies the Minister that
he has associations hy way of descent, residence, or
otherwise with New Zealand.
1948]
British Nationality and New Zealand
Citizenship
lNo. 15
153
9. (1) The Minister may cause to be registered as Registration
aNew Zealand citizenof alien
'00
.
women warn
(a) An alien woman who has been marrIed to a to New Zealand
New Zealand citizen or to a person who would eitiz~ns. and
.
of mmors.
but for hIS dea.th have become a New Zealand
citizen by virtue of any of the provisions of
section sixteen of this Act:
( b) The minor child of aNew Zealand cjtizen,upon application made in the prescribed manner by the
woman or, as the case may be, by a parent or guardian
of the child.
(2) The Minister may, in such special circumstances
as he thinks fit, cause any minor to be registered as a
New Zealand citizen.
(3.) The Minister may in such cases as he thinks
fit require any person to take an oath of allegiance
in the form specified in the First Schedule to this Act
before being registered. as aNew Zealand citizen under
this section.
10. (1) The Minister may from time to time, by Registration
writing under his hand, authorize aNew Zealand ~!p~~~r::~~~iyes.
overseas representative in any country to exercise
in that country any of the Minister's functions under
the last two preceding sections.
(2) In the exercise of any such functions any New
Zealand overseas representative shall act in accordance
with all directions, general or special, given to him by
the Minister.
(3) Any authority or directions under this section
may be given to a specified person or to the holder
for the time being of a specified office.
11. A person registered under any of the last three Eff~ct of.
preceding sections shall be a New Zealand citizen by ~~B:tJ"!~~
registration as from the date on which he is registered.
Oitizenship by Naturalization
12. (1) The Minister may grant a certificate of
naturalization to any alien of full age and capacity
who makes application therefor in the prescribed
manner and satisfies the Minister(a) That, after attaining the age of twenty years,
he has. given notice in the prescribed manner,
not less than one year nor more than five
Nat~ralization
of alIens.
154
No. 15]
British Nationality and New Zealand
Citizenship
~-~
-~~-~
~~-~~--~---~--~~---
[1948
~-----
years before the date of his application, of
his intention to apply for naturalization as
aNew Zealand citizen;
(b) That he has either resided in New Zealand or
been in Crown service under the New Zealand
Government, or partly the one and partly the
other,. throughout the period of twelve months
immediately preceding the date of his
application;
(c) That during the seven years immediately
preceding the said period of twelve months he
has either resided in New Zealand or Western
Samoa or any other New Zealand trust
territory or been in Crown service under the
New Zealand Government, or partly the one
and partly the other, for periods amounting
in the aggregate to not less than four years;
(d) That he is of good character;
(e) That he has sufficient knowledge of the English
language;
(f) That he has sufficient knowledge of the responsibilities and privileges of New Zealand
citizenship; and
(g) That he intends in the event of a certificate
being granted to him(i) To reside in New Zealand or in
Western Samoa or any other New Zealand
trust territory; or
(ii) To enter into or continue in Crown
service under the New Zealand Government,
or service under an international organization
of which the New Zealand Government is a
member, or service in the employment of a
society, company, or body of persons established in New Zealand or established in
Western Samoa or any other New Zealand
trust territory.
(2) The Minister, if in the special circumstances of
any particular case he thinks fit, may( a) Allow a continuous period of twelve months
ending not more than six months before the
date of the application to be reckoned, for the
1948]
B~'itish
Nationality and New Zealand
Oitizenship
[No. 15
155
~~~~~--------------~----
purposes of paragraph (b) of subsection one
of this section, as if it had immediately
preceded that date:
(b) Allow residence in any country mentioned in
subsection three of section three of this Act or
in Ireland or in any mandated territory, or
trust territory, or residence in Burma before
the fourth day of January, ninteen hundred
and forty-eight, to be reckoned for the
purposes of paragraph (c) of subsection one
of this section:
(c) Allow service under the Government of any
country mentioned in subsection three of
section three of this Act, or of any state,
province, or territ~ry thereof, or service
before the fourth dljLy of January, nineteen
hundred and forty-elght, under the Government of Burma, to be reckoned for the
purposes of the said paragraph (c) as if
it had been Crown service under the New
Zealand Government:
(d) Allow service as a member of any of His
Majesty's Forces, or service as a member of
any of the Armed Forces of any of His
Majesty's Allies, or any service (whether
military or official or otherwise) in aid of
His Majesty or any of his Allies during the
Second World War, to be reckoned for the
purposes of the said paragraph (c) as if
it had been Crown service under the New
Zealand Government:
( e) Allow periods of residence or service earlier
than eight years before the date of the
application to be reckoned in computing the
aggregate mentioned in the said paragraph (c).
(3) The Minister, if in the special circumstances
of any particular case he thinks fit, may grant a
certificate of naturalization to any alien of full age
and capacity who makes application therefor in the
prescribed manner and satisfies the Minister that he
possesses the qualifications prescribed by paragraphs
(b) to (p) of subsection one of this section.
•
],56
Ko. 15]
~ aturalization
of British
protected
J'ersons.
13. (1) The Minister may grant a certificate of
naturalization to any British protected person of full
age and capacity who makes application therefor in the
prescribed manner and satisfies the Minister(a) That either(i) He is ordinarily resident in New
Zealand and has been so resident throughout
the period of twelve months immediately
preceding the date of his application; or
(ii) That he is in Crown service under
the New Zealand Government; and
(b) That he possesses the qualifications prescribed
by paragraphs (d) to (g) of subsection one
of the last preceding section.
(2) The Minister, if in the special circumstances of
any particular case he thinks fit, may grant a
certificate of naturalization to any British protected
person of full age and capacity who makes application
therefor in the prescribed manner and satisfies the
Minister that he possesses the qualifications prescribed
by paragraphs (d) to (g) of subsection one of the last
preceding section.
14. (1) No certificate of naturalization granted to
any person shall have effect until he has taken an oath
of allegiance in the form specified in the First Schedule
l
to this Act.
(2) The person to whom a certificate of naturalization is granted under this Act shall, on taking the
oath of allegiance as aforesaid, be a New Zealand
citizen by naturalization as from the date on which the
certificate is granted.
Oath of
a J] egiMJ ce.
Power to
specify
citizens by
Order in
Council on
incorporation
of t~TMtOry.
•
B1'itish Nationality and New Zealand
Citizenship
[1948
Citizenship by Incorporation of Territory
15. If any territory becomes a part of New Zealand,
the Governor-General may, by Order in Council, specify
the persons who shall be New Zealand citizens by reason
or their connection with that territory; and those
persons shall be New Zealand citizens as from a date
to be specified in the Order.
J948 J
British Nationality and New Zwland
Citizenship
[Xo. 1;)
157
Transitional Provisions
16. (1) A person who was a British subject immedi- Bri~ish
ately before the date of the commencement of this Act ~~~~~~ts
~hall on that date become a New Zealand citizen if he commencement
Act
possesses any of. t h e f 0 11'
owmg qual'fi'
1 catlOns, tha t 'IS t 0 of
becoming
say~ t:w Zealand
CltJzens.
(a) That he was born within the territories comprised at the commencement of this Act in
New Zealand and would have been a New
Zealand citizen if section six of this Act had
been in force at the time of his birth:
(b) That he is a person naturalized in New
Zealand:
(c) That he is ordinarily resident in ~ew Zealand,
and has been so resident throughout the
period of t,velve months immediately preceding the commencement of this Act.
,2) A person who was a British subject immediately
before the date of the commencement of this Act shall
on that date become aNew Zealand citizen if at the
time of his birth his father was a British subject and
possessed either of the qualifications specified in paraf,'Ta phs (a)" and ( b) of the last preceding subsection.
(3) A person who was a British subject immediately
before the date of the commencement of this Act shall
on that date become a New Zealand citizen if he was
born in ,Vestern Samoa.
(4) A woman who ,vas a British subject immediately
before the date of the commencement of this Act and
has before that date been married to a person who
becomes, or would but for his death have become, a
New Zealand citizen by virtue of any of the foregoing
provisions of this section shall on that date herself
~become a New Zealand citizen.
(5) A male person who becomes aNew Zealand
citizen by virtue only of subsection two of this section
shall for the purpo::;es of the proviso to subsection one
of ::;eetion seven of this Act be aNew Zealand citizen
by deseent only.
158
No. 15]
Persons who
have ceased
to be British
subjeets by
failure to make
declaration of
retention.
17. (1) Where any person whose British nationality
depended upon his birth having been registered ut
a consulate of His Majesty has, under any enactment in
force at any time before the commencement of this Act,.
ceased to be a British subject by reason of his failure
to make a declaration of retention of British nationality
after becoming of full age, that person shall, if he
would but for that failure have been a British subject
immediately before the commencement of this Act,
be deemed for the purposes of this Act then to have
been a British subject.
(2) A woman shall be treated for the purposes of
this section as if she would have been a British subject
but for her failure to make a declaration of retention
of British nationality, notwithstanding that after she
ceased to be a British subject she married an alien.
18. (1) If any person who ceased to be a British
subject under the provisions of subsection one of section
twelve of the British Nationality and Status of Aliens
Act, 1914 (as set out in the Second Schedule to the
British Nationality and Status of Aliens (in New
Zealand) Act, 1928), by reason that he was a minor
child of a person ceasing to be a British subject, makes
a declaration withiIll one year after the commencement
of this Act or after his becoming of full age, whichever is the later, or within such longer period as the
Minister may allow, of his intention to become aNew
Zealand citizen, and if at the date of the declaration
he would, but for the provisions of the said subsection
one, be a New Zealand citizen, the Minister shall cause·
the declaration to be registered: and thereupon that
person shall become aNew Zealand citizen.
(2) A woman shall be treated for the purposes of
this section as if she would have been aNew Zealand
citizen but for the provisions of subsection one of
section twelve of the British Nationalitv and Status
of Aliens Act, 1914, notwithstanding that after she
ceased to be a British subject she married an alien.
19. Notwithstanding the repeal by this Act of the
provisions of the British Nationality and Status or
Aliens Act, 1943, as set out in the Second Schedule to
the British Nationality and Status of Aliens (in New
Zealand) Amendment Act. 1943, the birth of a person
Persons who
have ceased
to be British
subjects on loss
of nationality
by parent.
See Reprint
of Statutes,
Vol. I, p.170
Registration
of births
occurring
before
commencement
of Act.
1943, No. 13
British Nationality and New Zealand
CiNzenship
[194~
1948]
British 7Vatiorwlity and New Zealand
Citizenship
lNo.15
born before the date of the commencement of this Act
may be registered after that date at a consulate of
His Majesty as defined in the first-mentioned Act; and
if the birth is registered in the circumstances specified
in subsection two of section one of that Act, that
person shall be deemed for the purposes of this Act
to have been a British subject immediately before the
commencement of this Act.
20. (1) Any application for a certificate of naturalization, or for the inclusion of the name of a child
. a certI'fi cate 0 f na t ura1"lzatIon, ma d e b e f ore t h e
In
commencement of this Act may be treated as if it
were an application for a certificate of naturalization
-or for registration as a New Zealand citizen under this
Act if the Minister is satisfied that the person to whom
the application relates is qualified therefor,
(2) \Vhere a certificate of naturalization has been
granted before, and the applicant takes the oath of
allegiance after, the commencement of this Act the
certificate shall be deemed for the purposes of this
Act to have taken effect immediately before the commencement of this Act.
.
Renunciation and Deprivation of Citizenship
21. (1) If any New Zealand citizen of full age and
capacity who is also a citizen of any
country
.
mentioned in subsection three of section three of this
Act or an Irish citizen makes a declaration in the prescribed manner of his renunciation of New Zealand
citizenship the Mi,nister shall cause the declaration to
be registered; and, upon the registration, that person
shall cease to be a New Zealand citizen:
Provided that the Minister may withhold registration
of any such declaration if it is made by a person who
is ordinarily resident in New Zealand or in Western
Samoa or any other New Zealand trust territory,
(2) If any New Zealand citizen of full age and
capacity who is also a national of a foreign country
makes a declaration in the prescribed manner of his
renunciation of New Zealand citizenship, the Minister
'Shall cause the declaration to be registered; and, upon
the registration, that person shall cease to he a New
Zealand citizen:
159.
Applications for
natu:alization
pendmg
at
eommencement
of Act,
~e~UJllci3;tion of
CItIzenshIp for
reasons of
dual citizenship
or nationality.
160
No. 15]
British Nationality and New Zealand
Citizenship
.~--
Deprivation of
citizenship on
naturalization
in a foreign
country, &c.
Deprivation
of citizenship
of registered
and naturalizl'd
perSQlIls in
certain even t 9.
[1948
----~--
Provided that the Minister ma v withhold registration
of any such declaration if it is ~ade during any war
in which New Zealand ma:v be engaged.
(3) For the purposes of this section. any woman
who has been married shall be deemed to he of full age.
22. (1) The Minister may by order deprive any
person of his New Zealand citizenship if the Minister
is satisfied that that person has at any time, while a
New Zealand citizen and of full age and capacity,(a) Acquired the nationality or citizenship of a
foreign country by any voluntar~- and formal
act other than marriage; or
(b) Voluntarily exercised any of the privilege:-; or
performed any of the duties of a foreign
nationality or citizenship possessed by him,and that it is not conducive to the public good that he
should continue to be aNew Zealand citizen.
(2) Upon an order being made under this section
in respect of any person, he shall cease to be a New
Zealand citizen.
23. (1) A New Zealand citizen ,vho is such by
registration or is a naturalized person shall cease to be
a New Zealand citizen if he is deprived of that citizenship by an order of the Minister made under this or
the next succeeding section.
(2) Subject to the provisions of this section, the
~Iinister ma~' by order deprive any such citizen of his
New Zealand citizenship if he is satisfied that the
registration or certifica.te of naturalization was obtained
by means of fraud, false representation, or the concealment of any material fact.
(3) Subject to the provisions of this section. the
Minister ma:" h~' order deprive any New Zealand citizen
who is a naturalized person of his New Ze'aland
citizenship if he is satisfied that that citizen(a) Has shown himself by act or speech to be
disloyal or disaffected to,vards His Majesty;
or
(b) Has,
during an~' war in which New
Zealand was engaged, unlawfully traded or
communicated with an enemy. or been engaged
19481
British Nationality and New Zealand
Citizenship
[No. 15
161
in or associated with any business that was
to his knowledge carried on in such a manner
as to assist an enem~T in that war; or
(c) Has within five years after becoming naturalized
been sentenced in any country to imprisonment for a term of not less than twelve
months.
( 4) Subject to the provisions of this section, the
Minister may by order deprive any person naturalized
in New Zealand of his New Zealand citizenship if he is
satisfied that that person has been ordinarily resident
in foreign countries for a continuous period of six
years.
(5) The Minister shall not deprive a person of
citizenship under this section unless he is satisfied that
it is not conducive to the public good that that person
should continue to be a New Zealand citizen.
(6) Before making an order under this section the
Minister shall give the person against whom the order
is proposed to be made notice in writing informing
him of the ground on which it is proposed to be made
and, if the order is proposed to be made on any of the
grounds specified in subsections two and three of this
section, of his right, upon making application therefor
in the prescribed manner, to have his case referred
for inquiry under this section.
(7) If the order is proposed to be made on any of
the grounds specified in subsections two and three of
this section and that person so applies in the
prescribed manner, the Minister shall, and in any other
case the Minister may, refer the case for inquiry and
report either, in accordance with rules of Court, to
the Supreme Court of New Zealand or, in the prescribed
manner, to a committee of inquiry constituted for the
purpose by the Minister or in such other manner as
may be prescribed.
24. (1) Where a na turalized person who was a Deprivation of
citizen of any country mentioned in subsection three ~:;:!~~n:f
of section three of this Act or an Irish citizen has persons
been deprived of that citizenship on a ground which, in ~:~~h:~e.
the opinion of the Minister, is substantially similar to
any of the grounds specified in subsections two, three,
6
162
Saving of
obligations
incurred
before loss
of citizenship.
No. 15]
British Nationality and New Zealand
Citizenship
[1948
and four of the last preceding section, then, if that
person is a New Zealand citizen, the Minister may,
by an order made under this section, deprive him of
that citizenship, if the Minister is satisfied that it is
not conducive to the .public good that that person should
continue to be aNew Zealand citizen.
(2) Before making an order under this section the
Minister shall give the person against whom the order
is proposed to be made notice in writing informing him
of the ground on which it is proposed to be made and
may refer the case for inquiry and report in the
manner provided by the last preceding section.
25. Where any person ceases to be aNew Zealand
citizen or a British subject he shall not thereby be
discharged from any obligation, duty, or liability in
respect of any act or thing done or omitted before he
ceased to be aNew Zealand citizen or a British subject.
PART III
SUPPLEMENTAL
Legitimated
children.
Posthumous
children.
26. (1) A person born out of wedlock and legitimated by the subsequent marriage of his parents shall,
as from the date of the marriage or of the commencement of this Act, whichever is the later, be treated,
for the purpose of determining whether he is a New
Zealand citizen, or was a British subject immediately
before the commencement of this Act, as if he had
been born legitimate.
(2) A person shall be deemed for the purposes of
this section to have been legitimated by the subsequent
marriage of his parents if by the law of the place in
which his father was domiciled at the time of the
marriage the marriage operated immediately or subsequently to legitimate him, and not otherwise.
27. Any references in this Act to the status or
description of the father of a person at the time of
that person's birth shall, in relation to a person born
after the death of his father, be construed as referring
to the status or description of the father at the time
of the father's death; and where that death occurred
before, and the birth occurs after, the commencement
of this Act, the status or description which would have
1948]
British N ationrility and New Zealand
Citizenship
[No. 15
163
been applicable to the father had he died after the
commencement of this Act shall be deemed to be the
status or description applicable to him at the time of
his death.
28. The Minister may in such cases as he thinks C.e~tifica~e of
fit certify that a person with respect to whose New f~t~~~:S~l?
Zealand citizenship a doubt exists, whether on a doubt.
question of fact or of law, is a New Zealand citizen;
and a certificate issued under this section shall, unless it
is proved that it was obtained by means of fraud, false
representation, or concealment of any material fact, be
conclusive evidence that that person was aNew
Zealand citizen on the date thereof, but without prejudice to any evidence that he was a New Zealand
citizen at an earlier date.
29. The Minister or the New Zealand overseas Discretion of
representative,
as the case may be, shall not be required Minister
or
•
overseas
to aSSIgn any reason for the grant or refusal of any representative.
application under this Act the decision on which is at
his discretion; and the decision of the Minister or overseas representative on any such application shall not be
subject to appeal or review in any Court.
30. (1) Every document purporting to be a notice, Eviience.
certificate, or declaration, or an entry in a register, or
a subscription of an oath of allegiance given, granted,
or made under this Act, the British Nationality and See Reprint
Status of Aliens (in New Zealand) Act, 1928, the v~~t;,t;:~~9
British Nationality amd Status of Aliens (in New 1923, No. 46
Zealand) Act, 1923, or any Act repealed by the lastmentioned Act, shall be received in evidence, and shall,
unless the contrary is proved, be deemed to have been
given, granted, or made by or on behalf of the person
by or on whose behalf it purports to have been given,
granted, or made.
(2) Prima facie evidence of any such document as
aforesaid may be given by production of a document
purporting to be certified as a true copy thereof by such
person and in such manner as may be prescribed.
(3) Any entry in a register made under this Act
or any other Act referred to in subsection one of this
section shall be received as evidence of the matters
stated in the entry.
6*
164
No. 15]
- - -----
RegulatioIlB.
British Nationality and New Zealand
Citizenship
[1948
~~-~
(4) For the purposes of this Act, a certificate given
by or on behalf of the Minister that a person was at
any time in Crown service under the New Zealand
Government shall be conclusive evidence of that fact.
3!. The Governor-General may from time to time,
by Order in Council, make regulations generally for
carrying into effect the purposes of this Act, and in
particular(a) For prescribing anything which under this Act
is to be prescribed:
(b) For the registration of anything required or
authorized under this Act to be registered:
(c) For the administration and taking of oaths of
allegiance under this Act, for prescribing the
time within which oaths of allegiance shall be
taken, and for the registration of oaths of
allegiance:
(d) For the giving of any notice required or authorized to be given to any person under thiR
Act:
(e) For the cancellation of the registration of, and
the cancellation and amendment of certificates
of naturalization relating to, persons deprived
of citizenship under this Act, and fo1'
requiring such certificates to be delivered up
for those purposes:
(f) For the registration by officers in the service of
the New Zealand Government of the births
and deaths of persons of any class or
description born or dying in a protected State
or foreign country:
(g) For enabling the births and deaths of New
Zealand citizens and British protected persons
born and dying in any country in which the
New Zealand Government has for the time
being no overseas representatives to be
registered by persons serving in the diplomatic, consular, or other foreign service of
any country which, by arrangement with the
New Zealand Government, has undertaken to
1948]
(h)
(i)
(j)
(k)
Bt'itish Natimuuity and New Zealand
Citizenship
[No. 15
represent that Government's interests in that
country, or by a person authorized in that
behalf by the Governor-General:
For the keeping of records, registers, and
indexes for the purposes of this Act and for
enabling persons to inspect and make copies
of the same:
For the imposition and recovery of fees in
respect of any application made to the
Minister under this Act or in respect of any
registration, or the making of any declaration,
or the grant of any certificate, or the taking
of any oath of allegiance, authorized to be
made, granted, or taken by or under this Act,
and in respect of supplying a certified or other
copy of any notice, certificate, order, declaration, or entry, given, granted, or made, or of
the subscription of any oath taken, as aforesaid, and in respect of permitting inspections
of any records, registers, and indexes kept
under this Act, and in respect of any other
matter arising under this Act; and for the
application of any such fees:
For the practice and procedure to be followed
in connection with references under this Act
to a committee of inquiry; and in particular
for conferring on any such committee any
powers, rights, and privileges of a Commission
under the Commissions of , Inquiry Act, 1908,
and for applying all or any of the provisions
of that Act accordingly:
For the application of the Births and Deaths
Registration Act, 1924, with such adaptations
and modifications as may be necessary, and
in addition to or in substitution for the
provisions of section thirty of this Act, to
births and deaths registered in accordance
with the regulations, or registered at a consulate of His Majesty in accordance with regula.
tions made under the British Nationality
and Status of Aliens Acts, 1914 to 1943., or in
165
See Reprint
of Statutes,
'1'01. I, p. 1036
Ibid.,
Vol. VIII, p. 36
166
Offences.
ApplicatiOOl
of Act to
Cook Islands
and Western
Samoa and
other
territories.
No. 15J
B1'itish N atiorwlity and New Zealand
Oitizenship
[1948
accordance with instructions of the Secretary
of State of the United Kingdom, or in accordance with the instructions of the Minister.
32. (1) Any person who, for the purpose of procuring anything to be done or not to be done under
this Act, makes any statement which he knows to be
false in a material particular, or recklessly makes any
statement which is false in a material particular, shall
be liable on summary conviction to imprisonment for a
term not exceeding three months or to a fine not
exceeding fifty pounds.
(2) Any person who fails to comply with any
requirement imposed on him by regulations made under
this Act with respect to the delivering up of certificates
of naturalization shall be liable on summary conviction
to a fine not exceeding fifty pounds.
33. (1) Subject to the provisions of this section,
this Act shall be in force in the following territories:( a ) The Cook Islands:
(b) The Tokelau Islands:
(c ) Western Samoa;
(d) Every other New Zealand trust territory.
(2) In the application of this Act to any of the
territories mentioned in subsection one of this section( a) References to the Minister shall be deemed to
be references to the Governor-General acting
on the recommendation of the Minister of
Island Territories:
(b) References to the Supreme Court of New Zealand shall be deemed to be references to such
Court or person as may be prescribed:
(c) References to the English language shall be
deemed to be references to the English
language or any other officially recognized
language in current use in that territory.
(3) In the application of paragraph (a) of subsection one of section eight, paragraph (b) of subsection
one of section twelve, and paragraph (a) of subsection
one of section thirteen of this Act to any of the said
territories that is not included within the definition of
the term " New Zealand" in this Act, references to
1948]
British Nationality and New Zealand
Oitizenship
[No. 15
167
residence or ordinary residence in New Zealand shall
be deemed to be references to residence or ordinary
residence in that territory.
:'... r
(4) This Act is hereby declared to be a reserved
"' .
"enactment for the purposes of section nine of the Samoa 1947, No. 48
Amendment Act, 1947.
34. (1) The enactments specified in the Second Repeals and
Schedule to this Act are hereby repealed.
savings.
(2) The provisions of the Acts of Parliament of
the United Kingdom cited together as the British
Nationality and Status of Aliens Acts, 1914 to 1943,
that immediately before the commencement of this Act
were in force in New Zealand by reason of their having
been adopted or declared to be part of the law of New
Zealand by any of the enactments repealed by the
last preceding subsection (except sections seventeen and See Reprint
eighteen of the British Nationality and Status of ~o~t~t;:~1
Aliens Act, 1914) shall at the commencement of this
Act cease to have effect in New Zealand.
(3) All acts of authority that originated under any
of the enactments hereby repealed, and are subsisting
or in force at the commencement of this Act, shall
enure for the purposes of this Act as fully and effectually as if they had originated under the corresponding
provisions of this Act, and accordingly shall, where
necessary, be deemed to have so originated.
(4) All matters and proceedings commenced under
any of the said enactments, and pending or in progress
at the commencement of this Act, may be continued
and completed under this Act.
35. The enactments specified in the Third Schedule Consequential
to this Act are hereby amended in the manner amendments.
indicated in that Schedule.
36. (1) If by any enactment for the time being in British subjects
force in any country mentioned in subsection three of whose
citizenship has
section three of this Act provision is made for enabling not been
ascertained at
persons to remain or to become British subjects the
commencement
without citizenship, any person who by virtue of that of
this Act.
enactment is a British subject without citizenship shall
be deemed also to be a British subject without citizenship by virtue of this section.
1\
168
No. 15J
British Nationality and New Zealand
Citizenship
--~-----
[1948
---------
(2) The law relating to British nationality in force
in Ne,,- Zealand immediately before the commencement
of this Act shall apply to a person while he remains a
British subject without citizenship as if this Act had
not been passed.
(3) So long as a person remains a British suhject
without citizenship he shall be treated for the purposes
of any application made by him for registration as a
New Zealand citizen under this Act as if he were a
citizen of one of the countries mentioned in subsection
three of section three of this Act.
Schedules.
SCHEDULES
Section 14
FIRST SCHEDCLE
OATH OF ALLEGIANCE
1. A.B., swear by Almighty God that I will be faithful and
bear true allegiance to His Majesty King George the Sixth
his heirs and successors according to law.
Section 34
SECO~D
SCHEDULE
ENACTMENTS REPEALED
1928, No. 58.-The British Nationality and Status of Aliens
(in New Zealand) Act, 1928 (except section
13). (Reprint of Statutes, Val. I, p. 159).
1943, No. 13.-The British Nationality and Status of Aliens
(in New Zealand) Amendment Act, 1943.
1946, No.:.2.Q.-The British Nationality and Status of Aliens
(in New Zealand) Amendment Act, 1946.
1948J
British Nationality and New Zealand
Oitizenship
THIRD SCHEDULE
lNo. 15
169
Section 35
CONSEQUENTIAL AMENDMENTS
Title of Act.
Number of Section affected.
Nature of Amendment.
-----_.-------------1908, No. 90The Juries Act, 1908
(Reprint of Statutes, Vol. IV,
p.400)
1908, No. 101The Legislature Act, 1908
(Reprint of Statutes. Vol. VI,
p.447)
Section 5 (a)
By omitting the words "naturalborn or a naturalized subject of
His Majesty", and substituting
the words" British subject".
Section 2 (1)
By omitting from paragraph Ca) of
the proviso the words "either a
natural-born subject of His
Majesty, or a subject of His
Majesty naturalized by or under
any Act of the Imperial Parliament or by or under an Act of
the General Assembly of New
Zealand". and substituting the
words" a British subject".
."':? I:)
}j(~,
1908, No. 178The Shipping and Seamen Act,
1908
(Reprint of Statutes, Vol. VIII,
p.405)
1912, No. 23The Public Service Act, 1912
(Reprint of Statutes, Vol. VII,
p.535)
1920 (Local), No. 15The Christchurch Tramway District Act, 1920
1927, No. 44The Electoral Act, 1927
(Reprint of Statutes, Vol. VI,
p.484)
/!Ill
.....
Section 310 (2) .•
By omitting the words "natural.
born or naturalized"; and by
repealing the proviso.
Section 36 (1) ..
By omitting the words "naturalborn or naturalized subject of
His Majesty", and substituting
the words" British subject".
Section 9 (1) (c)
By omitting the words "either
by birth or naturalization in
New Zealand".
Section 28 (2)
By omitting the words "either by
birth or by naturalization in
New Zealand".
1933, No. 30The Municipal Corporations Act,
1933
Section 6 (1) (c)
1937 (Local), No. l I The Auckland Electric-power
Board Amendment Act, 1937
Section 2 (1) (c)
By omitting the words "either
by birth or by naturalization
having effect in New Zealand".
1944, No. 6The Local Elections and Polls
Amendment Act, 1944
Section 3 (1) (a)
By omitting the words "eithel'
by birth or by naturalization
having effect in New Zealand".
HEl'.19
No.
,.
By omitting the words .. either
by birth or by naturalization
having effect in New Zealand ".